Haryana

Panchkula

CC/84/2016

RAJINDER AGGARWAL. - Complainant(s)

Versus

M/S PANORAMIC HOLIDAYS LTD. - Opp.Party(s)

PAWAN KUMAR PAHWA

13 Jul 2016

ORDER

BEFORE  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

                                                                  

Consumer Complaint No	:	84 of 2016
Date of Institution	:	12.04.2016
Date of Decision	:	13.07.2016

                                                                                          

Mr.Rajinder Aggarwal, House No.1066, Sector 26, Panchkula (Haryana)-134116.

                                                                                 ….Complainant

Versus

1.       M/s Panoramic Holidays Limited, A/3, Prakash Nagar, T.H.Kataria Marg, Mogal Lane, Mahim, Mumbai, Maharashtra-400016.

2.       M/s Magic Holidays, SCO 120-121, 2^nd Floor, Madhya Marg, Sector 8-C, Chandigarh.

                                                                       …. Opposite parties

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs. Anita Kapoor, Member.

Mr.S.P.Attri, Member.

                            

For the Parties:     Mr.Pawan Kumar Pahwa, Adv., for the complainant.

OPs already exparte.

ORDER

(Dharam Pal, President)

1. The complainant-Rajinder Aggarwal has filed this complaint against the OPs with the averments that he bought a scheme of “Magic Holidays” and paid down payment of Rs.16,930/- vide bank credit card dated 21.06.2015. The complainant was invited by company’s Local Executives at Billa Vista Resort, Panchkula in which they informed that various holiday packages were offered to the members in order to allure the complainant. Company’s local executives Mr.Rohit/Jaskaran also gave assurance of various benefits as well as additional benefits of the membership scheme for which the complainant was allured and also agreed to become the member on payment of the membership fees. The complainant received the start up letter dated 06.07.2015 and kit on 09.07.2015. At the time of availing the membership scheme, the complainant was assured by Company’s Local Executives that on making the down payment, a holiday package of three days and two nights would be provided to complainant and his family without any cost at Chail, Shimla (H.P.). The complainant planned for a holiday with his family at Chail for 24^th & 25^th July, 2015 and contacted the Company’s executive for the booking as he has not received any voucher for the offer received to him but to no avail. Thereafter, the complainant requested for cancellation of membership by his written request on 11.07.2015 but the company sent an apology mail dated 16.07.2015 and also confirmed the booking with the Chail resort. On the same day, the Company presented an ECS for clearance one month before due date and thereafter, the complainant received a call to deposit Rs.2,000/- towards the booking which was never communicated to him during the representation or at the time of booking to which the complainant refused and cancelled the booking. The complainant again made a request for cancellation of the membership on 18.07.2015 and requested to refund the amount already paid with the company towards the membership. The company withdrew the 1^st EMI of Rs.4,241/- on 16.07.2015 which was due on 15^th August, 2015. The Ops had presented ECS fraudulently on month before the due date and deducted the same without the consent of the complainant whereas the complainant had already sent the mail of their membership cancellation. Thereafter, the complainant again wrote to the Ops through email to cancel his booking and refund the amount paid and installment withdrew by them but to no avail. The Ops again fraudulently presented the ECS for second installment before due date and without intimation or authority from the complainant. On this, the complainant had given stop payment instruction to his bank. The complainant asked for the Ops the reason or presenting the ECS whereas he had sent a request for cancellation of membership and for refund of his amount but to no avail. The complainant also sent a legal notice to the Ops but to no avail. This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. Notice was issued to the OPs through registered post and the same has not been received back served or unserved. It is deemed to be served and the OPs were proceeded against ex-parte vide order dated 23.05.2016.
3. The complainant has tendered the evidence by way of affidavits Annexure C-A to C-C alongwith document Annexure C-1 to C-10 and closed the evidence.
4. We have heard learned counsel for the complainant appearing in person and have also perused the record.
5. Admittedly, the complainant bought a scheme of “Magic Holidays” and he was invited by company’s Local Executives at Bella Vista Resort, Panchkula (Annexure C-1) in which they informed that various holiday packages were offered to the members in order to allure the complainant. The Ops’ local executives gave assurance of various benefits as well as additional benefits of the membership scheme for which the complainant was allured and also agreed to become the member on payment of the membership fees. The complainant also received the start up letter dated 06.07.2015 (Annexure C-3). At the time of availing the membership scheme, the complainant was assured by Company’s Local Executives that on making the down payment, a holiday package of three days and two nights package would be provided to complainant and his family without any cost at Chail, Shimla (H.P.). The complainant planned for a holiday with his family at Chail for 24^th & 25^th July, 2015 but he has not received any voucher and he contacted the Company’s executive for the booking (Annexure C-4) but to no avail. Thereafter, the complainant requested for cancellation of membership by his written request on 11.07.2015 but the company sent an apology mail dated 16.07.2015 (Annexure C-5) and also confirmed the booking with the Chail resort. On the same day, the Company presented an ECS for clearance one month before due date and thereafter, the complainant received a message telephonically to deposit Rs.2,000/- towards the booking which was never communicated to him during the representation or at the time of booking to which the complainant refused and cancelled the booking. The complainant again made a request for cancellation of the membership on 18.07.2015 (Annexure C-6) and requested to refund the amount already paid with the company towards the membership. The Ops withdrew the 1^st EMI of Rs.4,241/- on 16.07.2015 which was due on 15^th August, 2015. The Ops had presented ECS fraudulently one month before the due date and deducted the same without the consent of the complainant whereas the complainant had already sent the mail of their membership cancellation. Thereafter, the complainant again wrote the Ops through email to cancel his booking and refund the amount paid and installment withdrawn by them (Annexure C-8) but to no avail. The Ops again presented the ECS for second installment before due date and without intimation or authority from the complainant. On this, the complainant asked for the Ops the reason or presenting the ECS whereas he had sent a request for cancellation of membership and for refund his amount but to no avail. The complainant has also filed her duly sworn affidavits (Annexure C-A to C-C).
6. Moreover, the OPs did not appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against them. The non-appearance of the OPs despite notice shows that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same are accepted as correct and deficiency in service on the part of the OPs is proved.
7. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The OPs are directed as under:-

(i)      To pay Rs.16,930/- plus Rs.4241/- to the complainant alongwith interest @ 9% p.a. from the date of receipt of amount.

(ii)     To pay an amount of Rs.10,000/- as compensation for mental agony and harassment.

(ii)     To pay an amount of Rs.5,000/-  as cost of litigation.

Let the order be complied with within the period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

Announced

13.07.2016        S.P.ATTRI          ANITA KAPOOR       DHARAM PAL

                          MEMBER         MEMBER                     PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

                                 

                                                                   DHARAM PAL

                                                                    PRESIDENT